Can I make tenants get rid of dog?

Question

I have a family that moved in saying they had 2 miniature pinschers. One possibly is but the other one is clearly some kind of pit bull mix. Multiple neighbors have called animal control on them because he gets loose or is on a ridiculously short chain attached to a tree. Property managers sent tenants a letter but they are denying that it is a pit bull, "it is not a pit bull, it is a mixed breed". They are refusing to do anything about it. If someone has a pit bull mix are they allowed when pit bulls are not (insurance has given me a list of 6 breed, I think, that are not allowed and pit bull is one of them)?  What would you do? In NC.

Joe Splitrock · Answer

Simple solution is dog DNA test. Some property managers require this for any dog that is not an obvious breed. It is common for people with dangerous breeds to tell people they are mixed or a mutt. They may be mixed, but for insurance purposes the mix matters. Probably the bigger issue here is that the owners are not responsible. Any dog is never going to be better than their owners. I would be issuing lease violations for every complaint registered.

Dominic R. · Answer

My daughter has a sweet pit bull husky mix.  This is about insurance not dogs.  You don't want your insurance to be voided by not abiding by it's requirements. Does your lease state that the tenant can engage in anything to cause your insurance to increase.  Many leases state this giving you reason to act.

Eric Carr · Answer

Pitts are born sweet. Stop tripping about the "breed." Sounds like you just have shitty tenants.

Where is this dog going if you make them "get rid" of it?

Nathan Gesner · Answer

Don't make it complicated. Contact your insurance provider and explain that it looks like a pit bull but the Tenant claims it's a mixed breed. Ask your provider if it is covered or not. If not, give your tenant notice that it is not authorized on the property and must be removed within 72 hours or their lease will be terminated.

Your property manager should do better.

Julie Hartman · Answer

The problem is that as PM's sometimes our hands are tied by the tenant-friendly laws in each state. If the tenant says it's a "mixed breed" then there might not be anything the PM can do. Judges are very sympathetic to tenants especially during COVID. In many cases, PM's have very limited power when it comes to the law.

Wendy M. · Answer

Yes, I'm paying them and I am asking here because the PM only sent them a letter and when tenant responded "it's not a pit bull, it's a mixed breed dog" the PM decided that was good enough, case closed, so to speak. I'm just wondering if that is typical or do I need to look for a new PM in addition to a new tenant.

I have nothing personal against the breed, my insurance co told me from the get go that they had certain breeds they don't allow. I don't want to get stuck in the middle of a lawsuit if something goes wrong. I agree that they are probably ****** tenants, they misrepresented. I'm trying to figure out if I also have a ****** PM as well. The issue is twofold.

Julie Hartman · Answer

I would be careful with this. They may try to say it's an ESA and skirt around it and good luck getting them to provide any authentic documentation for it. What does your pet addendum say about breeds or rules for the pet on premises? If they are in violation of the pet addendum then you may be able to issue lease violations to them. Some municipalities have bans on Pitt Bulls so it would be worth checking in the area where the property is located to find out. If they are leaving it tied to a tree on an extra short chain, that is animal abuse and I would call animal control to report it. Your only recourse may be to wait until the lease is up for renewal and get them out.

Adam Martin · Answer

I agree with those saying a pit is a breed not a demeanor and know some very sweet pits but am also aware there are some very bad ones as well.  That being the case my insurance company sees them as the risk they are and so I don’t allow them.  There is a reason they aren’t allowed on most insurance plans and statistics while maybe unpleasant don’t lie.  I would tell them you will pay for a dna test but if it is a pit mix they are in violation and the dog can go or they all can.  Your best bet is for them all to go as they sound like trouble.  As for what happens to the dog that is unfortunate and hopefully they can rehome but if not that is the risk someone takes when they buy one but maybe point them to some animal rescues.  My lease lists prohibited breeds but also any hybrids or mixes I would hope your pm’s does as well.  Also curious on what the pm suggests as you are paying them but asking us, isnt this what you pay them for to keep it passive.

Can I make tenants get rid of dog?

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